Bill C-30
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1st Session, 36th Parliament, 46-47 Elizabeth II, 1997-98
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The House of Commons of Canada
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BILL C-30 |
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An Act respecting the powers of the Mi'kmaq
of Nova Scotia in relation to education
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SHORT TITLE |
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| Short title
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1. This Act may be cited as the Mi'kmaq
Education Act.
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INTERPRETATION AND APPLICATION |
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| Definitions
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2. The definitions in this section apply in
this Act.
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| ``Agreement'' « convention »
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``Agreement'' means the agreement between
Her Majesty the Queen in right of Canada
and the Mi'kmaq Bands in Nova Scotia
with respect to education, signed on
February 14, 1997.
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| ``band'' « bande »
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``band'' means a band within the meaning of
the Indian Act.
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| ``community'' « communaut é »
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``community'' means a band that is named in
the schedule.
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| ``constitution'
' « constitution »
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``constitution'' means a constitution in
relation to education adopted by the council
of a community that is in conformity with
the provisions of Schedule D to the
Agreement.
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| ``council'' « conseil »
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``council'', in relation to a band or community,
means the council of the band or
community as referred to in the Indian Act.
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| ``member'' « membre »
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``member'', in relation to a community, means
a person whose name appears on the band
list maintained for the community in
accordance with the Indian Act or who is
entitled to have that name appear on the
band list.
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| ``reserve'' « réserve »
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``reserve'' means a reserve within the
meaning of the Indian Act.
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| Legal capacity
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3. (1) For the purposes of this Act, a
community shall act through its council.
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| Majority vote
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(2) For greater certainty, paragraph 2(3)(b)
of the Indian Act applies in respect of the
powers of the council of a community under
this Act.
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| Purpose
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4. The purpose of this Act is to enable
communities to exercise jurisdiction in
relation to education, as provided in the
Agreement.
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| Application of
Act
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5. This Act applies to every community for
which a constitution is in effect.
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POWERS AND DUTIES OF COMMUNITIES |
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| Legislative
power
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6. (1) A community may, to the extent
provided by the Agreement, make laws
applicable on the reserve of the community in
relation to primary, elementary and secondary
education.
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| Legislative
power-post-
secondary
support
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(2) A community may make laws in relation
to the administration and expenditure of
community funds in support of
post-secondary education, as provided by the
Agreement, for members of the community
wherever resident.
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| Programs and
services
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7. (1) A community shall, to the extent
provided by the Agreement, provide or make
provision for primary, elementary and
secondary educational programs and services
for residents of its reserve.
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| Transferabilit
y
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(2) The educational programs and services
so provided must be comparable to programs
and services provided by other education
systems in Canada, in order to permit the
transfer of students to and from those systems
without academic penalty to the same extent
as students can transfer between those other
education systems.
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| Community
education
boards
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8. A community education board
established by the laws of the community may
carry out any powers conferred on it by those
laws or by resolution of the council acting
pursuant to section 7.
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| Enactment of
laws
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9. (1) Laws of a community shall be enacted
in the manner provided by its constitution.
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| Publication
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(2) The council of a community shall
publish a law not later than thirty days after its
enactment in a manner that affords a
reasonable opportunity to members of the
community resident on the reserve to become
aware of it.
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| Public access
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(3) The council of a community shall make
copies of the laws of the community and of its
constitution available at its office for public
inspection during normal business hours, and
Mi'kmaw-Kina'matnewey shall make copies
of the laws and constitutions of all
communities available for public inspection at
its office during normal business hours.
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| Evidence
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(4) In any proceedings, evidence of a law of
a community may be given by the production
of a copy of the law, certified to be a true copy
by a person authorized by the community,
without proof of that person's signature or
official character.
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| Statutory
Instruments
Act not
applicable
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(5) The Statutory Instruments Act does not
apply in respect of the laws of a community.
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MI'KMAW-KINA'MATNEWEY |
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| Corporation
established
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10. (1) A corporation without share capital
to be known as Mi'kmaw-Kina'matnewey is
hereby established for the purpose of
supporting the delivery of educational
programs and services under this Act.
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| Directors
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(2) The chiefs of the communities are the
members of the corporation and together
constitute its board of directors, and the board
may provide, by by-law or otherwise, for the
management and conduct of the affairs of the
corporation.
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| Application of
Canada
Corporations
Act
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(3) For greater certainty, Part III of the
Canada Corporations Act, chapter C-32 of the
Revised Statutes of Canada, 1970, applies to
the corporation and, in the application of
section 102 of that Act to the corporation, a
reference to shareholders shall be read as a
reference to directors.
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INDIAN ACT |
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| Indian Act not
applicable
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11. Sections 114 to 122 of the Indian Act do
not apply to a community or its members.
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AMENDMENT OF SCHEDULE |
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| Addition of
band to
schedule
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12. (1) The Governor in Council may, by
order, add to the schedule the name of any
band of Mi'kmaq in the province of Nova
Scotia if the Governor in Council is satisfied
that
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| Deletion of
community
from schedule
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(2) The Governor in Council may, by order,
delete the name of a community from the
schedule if the Governor in Council is
satisfied that the council of the community
has, in a manner consistent with the
Agreement, authorized the withdrawal of the
community from the Agreement.
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| Effective date
of amendment
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(3) Where the council of a band or
community, during the twelve-month period
ending on June 30 in any year, authorizes the
signing of the Agreement or withdrawal from
the Agreement, the amendment to the
schedule adding the name of the band or
deleting the name of the community shall be
made effective on April 1 of the following
year.
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COMING INTO FORCE |
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| Order
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13. (1) Subject to subsection (2), this Act
comes into force, or shall be deemed to have
come into force, on a day to be fixed by order
of the Governor in Council.
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| Section 10
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(2) Section 10 comes into force on a day to
be fixed by order of the Governor in Council
following adoption by the chiefs of the bands
named in the schedule of a resolution for the
establishment of Mi'kmaw-Kina'matnewey.
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